Magistrate Cannot Issue Warrant for Non-Appearance After Service of Summons in DV Act Proceedings: Jammu & Kashmir and Ladakh High Court

In a significant ruling concerning proceedings under SECTION 12 of the PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, the Jammu & Kashmir and Ladakh High Court has held that coercive methods such as arrest warrants cannot be used merely because a respondent fails to appear. The Court stressed that unless the respondent is accused of committing a specific OFFENCE UNDER THE DV ACT, the Magistrate’s only lawful option after…